Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance, 102134-102137 [2024-29657]
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102134
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2023–0268; FRL 10613–02–
OW]
Final National Pollutant Discharge
Elimination System (NPDES) Pesticide
General Permit for Point Source
Discharges From the Application of
Pesticides; Reissuance
Environmental Protection
Agency (EPA).
ACTION: Notice of final permit issuance.
AGENCY:
This notice announces
issuance by all 10 Environmental
Protection Agency (EPA) Regions of the
final 2026 National Pollutant Discharge
Elimination System (NPDES) pesticide
general permit (PGP)—the 2026 PGP.
The 2026 PGP, which has an effective
date of October 31, 2026, replaces the
existing permit (2021 PGP) that expires
on October 30, 2026, and authorizes
certain point source discharges from the
application of pesticides to waters of the
United States in accordance with the
terms and conditions described therein.
The EPA is issuing this permit for five
(5) years in all areas of the country
where the EPA is the NPDES permitting
authority.
DATES: The permit becomes effective on
October 31, 2026, and will expire at
11:59 p.m. on October 30, 2031. In
SUMMARY:
accordance with 40 CFR part 23, this
permit shall be considered issued for
the purpose of judicial review on
December 31, 2024 Under section 509(b)
of the Clean Water Act (CWA), judicial
review of this general permit can be
requested by filing a petition for review
in the United States Court of Appeals
within 120 days after the permit is
considered issued. Under section 509(b)
of the CWA, the requirements of this
permit may not be challenged later in
civil or criminal proceedings to enforce
these requirements. In addition, this
permit may not be challenged in other
agency proceedings. Deadlines for
submittal of a Notices of Intent (NOI) to
be covered, if required, are provided in
Part 1.2.3, Table 1–2 of the 2026 PGP.
FOR FURTHER INFORMATION CONTACT:
Contact the appropriate EPA Regional
office listed on EPA’s NPDES website at
https://www.epa.gov/npdes/contact-uspesticide-permitting, email PGP@
epa.gov, or contact Dr. Lauren Mosesso,
EPA Headquarters, Office of Water,
Office of Wastewater Management
(4203M), 1200 Pennsylvania Avenue
NW, Washington, DC 20460; telephone
number: 202–564–1012; email address:
Mosesso.Lauren@epa.gov. Electronic
versions of the 2026 PGP and Fact Sheet
are also available on EPA’s NPDES
website at https://www.epa.gov/npdes/
pesticide-permitting.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document
and other related information?
C. Geographic Coverage
D. Who are the EPA regional contacts for
this final permit?
II. Background
III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and
Requirements
B. 2026 PGP Cost Analysis
IV. Executive Orders 12866 and 13563
V. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations and Executive Order 14096:
Revitalizing Our Nation’s Commitment
to Environmental Justice for All
VI. Executive Order 13175: Consultation and
Coordination With Indian Tribal
Governments
I. General Information
A. Does this action apply to me?
You may be affected by this action if
you apply pesticides, under the use
patterns in Part 1.1.1. of the 2026 PGP,
that result in a discharge to a water of
the United States in one of the
geographic areas identified in Appendix
C of the 2026 PGP. Potentially affected
entities, as categorized in the North
American Industry Classification
System (NAICS), may include, but are
not limited to:
TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE 2026 PGP
Category
NAICS
Examples of potentially affected entities
Agricultural entities—General agricultural interests, farmers/producers, forestry, and irrigation.
111 Crop Production ........................................
Producers of crops mainly for food and fiber,
including farms, orchards, groves, greenhouses, and nurseries that have irrigation
ditches requiring pest control.
The operation of timber tracts for the purpose
of selling standing timber.
Growing trees for reforestation and/or gathering forest products, such as gums, barks,
balsam needles, rhizomes, fibers, Spanish
moss, ginseng, and truffles.
Operating irrigation systems.
Formulation and preparation of agricultural
pest control chemicals.
113110 Timber Tract Operations .....................
113210 Forest Nurseries Gathering of Forest
Products.
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Pesticide parties (includes pesticide manufacturers, other pesticide users/interests, and
consultants).
Public health parties (includes mosquito or
other vector control districts and commercial
applicators that service these).
Resource management parties (includes State
departments of fish and wildlife, State departments of pesticide regulation, State environmental agencies, and universities).
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221310 Water Supply for Irrigation ..................
325320 Pesticide and Other Agricultural
Chemical Manufacturing.
923120 Administration of Public Health Programs.
924110 Administration of Air and Water Resource and Solid Waste Management Programs.
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Government establishments primarily engaged
in the planning, administration, and coordination of public health programs and services, including environmental health activities.
Government establishments primarily engaged
in the administration, regulation, and enforcement of air and water resource programs; the administration and regulation of
water and air pollution control and prevention programs; the administration and regulation of flood control programs; the administration and regulation of drainage development and water resource consumption programs; and coordination of these activities
at intergovernmental levels.
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
102135
TABLE 1—ENTITIES POTENTIALLY REGULATED BY THE 2026 PGP—Continued
Category
NAICS
Examples of potentially affected entities
924120 Administration of Conservation Programs.
Utility parties (includes utilities) .........................
221 Utilities .......................................................
B. How can I get copies of this document D. Who are the EPA regional contacts
for this final permit?
and other related information?
Docket. EPA has established a docket
for this action under Docket ID No.
[EPA–HQ–OW–2023–0268]. Although
all documents in the docket are listed in
an index, some information is not
publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
Federal Holidays). For further
information on the EPA Docket Center
services and the current status, see:
https://www.epa.gov/dockets.
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C. Geographic Coverage
The EPA provides permit coverage for
classes of point source discharges of
pollutants that occur in areas where the
EPA is the NPDES permitting authority
which includes Massachusetts, New
Hampshire, New Mexico, the District of
Columbia, all U.S. territories except the
U.S. Virgin Islands, Federal facilities in
Delaware, Vermont, Colorado, and
Washington, all Indian Country except
in Maine, and where applicable, Lands
of Exclusive Federal Jurisdiction. The
geographic coverage of the 2026 PGP is
listed in Appendix C of the permit.
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For the list of EPA Regional contacts,
visit the EPA’s NPDES website at
https://www.epa.gov/npdes/contact-uspesticide-permitting.
II. Background
Section 301(a) of the CWA provides
that ‘‘the discharge of any pollutant by
any person shall be unlawful’’ unless
the discharge is in compliance with
certain other sections of the Act. 33
U.S.C. 1311(a). The CWA defines
‘‘discharge of a pollutant’’ as ‘‘(A) any
addition of any pollutant to navigable
waters from any point source and (B)
any addition of any pollutant to the
waters of the contiguous zone or the
ocean from any point source other than
a vessel or other floating craft.’’ 33
U.S.C. 1362(12). A ‘‘point source’’ is any
‘‘discernible, confined and discrete
conveyance’’ but does not include
‘‘agricultural stormwater discharges and
return flows from irrigated agriculture.’’
33 U.S.C. 1362(14).
The term ‘‘pollutant’’ includes among
other things ‘‘garbage . . . chemical
wastes, biological materials . . . and
industrial, municipal, and agricultural
waste discharged into water.’’ 33 U.S.C.
1362(6).
A person may discharge a pollutant
without violating the section 301
prohibition by obtaining authorization
to discharge (referred to herein as
‘‘coverage’’) under a section 402 NPDES
permit (33 U.S.C. 1342). Under section
402(a), the EPA may ‘‘issue a permit for
the discharge of any pollutant, or
combination of pollutants,
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Government establishments primarily engaged
in the administration, regulation, supervision
and control of land use, including recreational areas; conservation and preservation of natural resources; erosion control;
geological survey program administration;
weather forecasting program administration;
and the administration and protection of
publicly and privately owned forest lands.
Government establishments responsible for
planning, management, regulation and conservation of game, fish, and wildlife populations, including wildlife management areas
and field stations; and other administrative
matters relating to the protection of fish,
game, and wildlife are included in this industry.
Provide electric power, natural gas, steam
supply, water supply, and sewage removal
through a permanent infrastructure of lines,
mains, and pipes.
notwithstanding section 1311(a)’’ upon
certain conditions required by the Act.
The EPA issued the first Pesticide
General Permit (‘‘2011 PGP’’) on
October 31, 2011, in response to the
United States Sixth Circuit Court of
Appeals ruling vacating EPA’s 2006
Final Rule on Aquatic Pesticides.
National Cotton Council of America. v.
EPA, 553 F.3d 927 (6th Cir. 2009). The
EPA developed the PGP to control point
source discharges of biological
pesticides and chemical pesticides that
leave a residue into waters of the United
States. In 2016 and 2021 respectively,
The EPA issued the second PGP (2016
PGP) and third PGP (2021 PGP). After
the EPA issued the 2021 PGP in
September 2021, a petition for review of
the permit was filed in the U.S. Court
of Appeals for the Ninth Circuit. Center
for Biological Diversity v. EPA and FWS,
No. 21–71306 (9th Cir.) The petition
filed by the Center for Biological
Diversity (CBD) challenged EPA’s
permit issuance under the CWA, and
the EPA and the U.S. Fish and Wildlife
Service (FWS) actions with respect to
the permit under the Endangered
Species Act (ESA). After CBD filed the
petition, EPA, FWS, and CBD entered
into settlement discussions. A
settlement agreement resulted from
these discussions, which the parties
entered into on July 25, 2023
(Settlement Agreement). The Settlement
Agreement does not affect the
provisions in the 2021 PGP, but several
terms concern what was to be proposed
in the 2026 PGP. Information on the
Settlement Agreement is available in
Docket ID EPA–HQ–OGC–2023–0247–
0002.
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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
The EPA is issuing the 2026 PGP to
replace the 2021 PGP which expires on
October 30, 2026. Like the previously
issued PGP, the 2026 PGP provides
coverage for certain point source
discharges of pollutants to waters of the
United States in areas where the EPA is
the NPDES permitting authority. The
EPA published the draft 2026 PGP and
accompanying Fact Sheet in the Federal
Register on November 28, 2023 (88 FR
83120), soliciting comments on the draft
permit. The EPA also conducted
consultation with Indian Tribal
Governments. The EPA received 12
written comment letters on the draft
permit. The EPA considered all
comments received during the comment
period in preparing the final permit.
The EPA responded to all significant
comments in the Response to Comment
Document which is available as part of
the docket for this permit.
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III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and
Requirements
While the requirements of the 2026
PGP remain largely the same as those in
the previously issued PGPs, a summary
of updates from the 2021 PGP and from
the proposed 2026 PGP are outlined in
the 2026 PGP Fact Sheet. The 2026 PGP
is structured in the same nine parts as
the previously issued PGPs: (1)
Coverage under This Permit, (2)
Technology-Based Effluent Limitations,
(3) Water Quality-Based Effluent
Limitations and Other Limitations, (4)
Monitoring, (5) Pesticide Discharge
Management Plan, (6) Corrective Action,
(7) Recordkeeping and Annual
Reporting, (8) EPA Contact Information
and Mailing Addresses, and (9) Permit
Conditions Applicable Within Specific
States (including Territories) and Indian
Country. Additionally, as with the
previously issued PGPs, the 2026 PGP
includes nine appendices with
additional conditions and guidance for
permittees: (A) Definitions,
Abbreviations, and Acronyms, (B)
Standard Permit Conditions, (C) Areas
Covered, (D) Notice of Intent (NOI)
form, (E) Notice of Termination (NOT)
form, (F) Pesticide Discharge Evaluation
Worksheet (PDEW), (G) Annual
Reporting Template, (H) Adverse
Incident Report Template, and (I) PGP
Eligibility Worksheet for Threatened
and Endangered Species Protection. A
summary of the 2026 PGP’s
requirements is provided in the 2026
PGP Fact Sheet.
B. 2026 PGP Cost Analysis
The cost analysis accompanying this
final permit monetizes and quantifies
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certain incremental cost impacts of the
final permit changes as compared to the
2021 PGP. The EPA analyzed each
change in the 2026 PGP considering the
previous permit’s requirements. The
objective of the cost analysis is to show
where or to what extent the 2026 PGP
requirements impose an incremental
increase in administrative and
compliance costs (such as sampling and
monitoring costs) on Operators in
relation to costs that are already
accounted for in the 2021 PGP. As a
majority of the changes in the final
permit are to clarify requirements in
previously issued permits, the EPA
expects minimal incremental cost
impact on entities that will be covered
under the 2026 PGP. For further
discussion, see Appendix D of the fact
sheet.
IV. Executive Orders 12866 and 13563
The 2026 PGP is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
V. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
The EPA believes that it is not
practicable to assess whether the human
health or environmental conditions that
exist prior to this action result in
disproportionate and adverse effects on
communities with environmental justice
concerns. As part of the general permit
development process, the EPA reviews
available information to evaluate
whether issuance of a permit could
affect overburdened communities. The
EPA has determined that a more indepth environmental justice analysis is
not feasible for this permit reissuance
due to the limited amount of and format
of information the EPA currently has
available. The information supporting
this Executive Order review is
contained in Appendix E of the fact
sheet.
Consultation and Coordination with
Indian Tribes, the EPA consulted with
Tribal officials early in the process to
provide Tribes an opportunity to have
meaningful and timely input into the
renewal of the PGP. To gain an
understanding of, and where
appropriate, to address Tribal
implications of the draft 2026 PGP, the
EPA conducted the following activities:
• August 22, 2023—the EPA emailed
notification letters to tribal leaders
initiating consultation and coordination
on the renewal of the PGP. The
initiation letter was also posted on
EPA’s Tribal Consultation Opportunities
Tracking System (TCOTS) at https://
tcots.epa.gov/.
• September 19 and 21, 2023—the
EPA held two informational webinars
open to all tribal representatives and
reserved the last part of each webinar
for official consultation comments.
Eighteen Tribal representatives
participated in the webinars. No official
comments were received during the
webinars. The presentation was posted
on the Tribal portal website at https://
tcots.epa.gov.
The EPA received one comment from
Tribes and Tribal organizations during
the consultation and coordination
period. Records of the Tribal
informational webinars and a
consultation summary are included in
the docket for this proposed action
(Docket ID No. EPA–HQ–OW–2023–
0268). The EPA has considered the
comment received in the proposal. The
Agency specifically solicited additional
comment on this proposed permit
during the public comment period. The
EPA also notes that as part of the
finalization of this permit, the Agency
completed CWA section 401
certification procedures with all
applicable authorized Tribes where this
permit will apply (see Part 9 and
Appendix C of the PGP).
VI. Executive Order 13175:
Consultation and Coordination With
Indian Tribal Governments
This action does not have tribal
implications as specified in Executive
Order 13175. It will neither impose
substantial direct compliance costs on
federally recognized Tribal
governments, nor preempt Tribal law.
The EPA directly implements the
NPDES Program, including the 2026
PGP, in Indian Country; therefore,
consistent with the EPA Policy on
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Authority: Clean Water Act, 33 U.S.C.
1251 et seq.
David Cash,
Regional Administrator, EPA Region 1.
Javier Laureano Perez,
Director, Water Division, EPA Region 2.
Carmen Guerrero Perez,
Director, Caribbean Environmental Protection
Division, EPA Region 2.
Michelle Price-Fay,
Director, Water Division, EPA Region 3.
Kathlene Butler,
Director, Water Division, EPA Region 4.
Tera Fong,
Director, Water Division, EPA Region 5.
Troy Hill,
Director, Water Division, EPA Region 6.
Jeffery Robichaud,
Director, Water Division, EPA Region 7.
Stephanie DeJong,
Manager, Clean Water Branch, EPA Region
8.
Tomas Torres,
Director, Water Division, EPA Region 9.
Mathew Martinson,
Director, Water Division, EPA Region 10.
[FR Doc. 2024–29657 Filed 12–16–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2015–0341; FRL–12497–01–
OAR]
Notice of Availability of One New
Chapter in the Environmental
Protection Agency’s Air Pollution
Control Cost Manual—Dry Sorbent
Injection
Environmental Protection
Agency (EPA).
ACTION: Notice of availability and public
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice that
we are adding one chapter to the current
EPA Air Pollution Control Cost Manual
(henceforth, Control Cost Manual). The
EPA is requesting comment on: Chapter
2, Section 5, ‘‘Dry Sorbent Injection.’’
This new Control Cost Manual chapter
covers control measures for sulfur
dioxide (SO2) and acid gas emissions.
DATES: Comments must be received on
or before March 17, 2025. Please refer to
SUPPLEMENTARY INFORMATION for
additional information on submitting
comments on the provided data.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2015–0341, by any of the
following methods:
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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• Federal eRulemaking Portal: https://
www.regulations.gov/ (our preferred
method). Follow the online instructions
for submitting comments.
• Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Docket No. EPA–HQ–OAR–2015–0341,
Office of Air and Radiation Docket, Mail
Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
• Hand Delivery or Courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m. to 4:30 p.m., Monday through
Friday (except Federal Holidays).
Instructions: All submissions received
must include the Docket ID No. for this
action. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Larry Sorrels, Health and Environmental
Impacts Division, Office of Air Quality
Planning and Standards, Environmental
Protection Agency, C439–02, 109 T.W.
Alexander Drive, Research Triangle
Park, NC 27709; telephone number:
(919) 541–5041; email address:
sorrels.larry@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA
is requesting comment on the specific
Control Cost Manual chapter included
in this notice.
Written Comments: Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2015–0341, at https://
www.regulations.gov (our preferred
method), or the other methods
identified in the ADDRESSES section.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
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102137
other file sharing system). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
I. General Information
A. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to the EPA docket office, mark
the outside of the disk or CD–ROM as
CBI and then identify electronically
within the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 Code of
Federal Regulation (CFR) part 2.
2. Tips for Preparing your Comments.
When submitting comments, remember
to: Identify the notification by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
CFR part or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language/data for your requested
changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Information Available for Public
Comment
The EPA is requesting comment on
one new chapter of the EPA Air
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]]>Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102134-102137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29657]
[[Page 102134]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2023-0268; FRL 10613-02-OW]
Final National Pollutant Discharge Elimination System (NPDES)
Pesticide General Permit for Point Source Discharges From the
Application of Pesticides; Reissuance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final permit issuance.
-----------------------------------------------------------------------
SUMMARY: This notice announces issuance by all 10 Environmental
Protection Agency (EPA) Regions of the final 2026 National Pollutant
Discharge Elimination System (NPDES) pesticide general permit (PGP)--
the 2026 PGP. The 2026 PGP, which has an effective date of October 31,
2026, replaces the existing permit (2021 PGP) that expires on October
30, 2026, and authorizes certain point source discharges from the
application of pesticides to waters of the United States in accordance
with the terms and conditions described therein. The EPA is issuing
this permit for five (5) years in all areas of the country where the
EPA is the NPDES permitting authority.
DATES: The permit becomes effective on October 31, 2026, and will
expire at 11:59 p.m. on October 30, 2031. In accordance with 40 CFR
part 23, this permit shall be considered issued for the purpose of
judicial review on December 31, 2024 Under section 509(b) of the Clean
Water Act (CWA), judicial review of this general permit can be
requested by filing a petition for review in the United States Court of
Appeals within 120 days after the permit is considered issued. Under
section 509(b) of the CWA, the requirements of this permit may not be
challenged later in civil or criminal proceedings to enforce these
requirements. In addition, this permit may not be challenged in other
agency proceedings. Deadlines for submittal of a Notices of Intent
(NOI) to be covered, if required, are provided in Part 1.2.3, Table 1-2
of the 2026 PGP.
FOR FURTHER INFORMATION CONTACT: Contact the appropriate EPA Regional
office listed on EPA's NPDES website at https://www.epa.gov/npdes/contact-us-pesticide-permitting, email [email protected], or contact Dr.
Lauren Mosesso, EPA Headquarters, Office of Water, Office of Wastewater
Management (4203M), 1200 Pennsylvania Avenue NW, Washington, DC 20460;
telephone number: 202-564-1012; email address: [email protected].
Electronic versions of the 2026 PGP and Fact Sheet are also available
on EPA's NPDES website at https://www.epa.gov/npdes/pesticide-permitting.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of this document and other related
information?
C. Geographic Coverage
D. Who are the EPA regional contacts for this final permit?
II. Background
III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and Requirements
B. 2026 PGP Cost Analysis
IV. Executive Orders 12866 and 13563
V. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
VI. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
I. General Information
A. Does this action apply to me?
You may be affected by this action if you apply pesticides, under
the use patterns in Part 1.1.1. of the 2026 PGP, that result in a
discharge to a water of the United States in one of the geographic
areas identified in Appendix C of the 2026 PGP. Potentially affected
entities, as categorized in the North American Industry Classification
System (NAICS), may include, but are not limited to:
Table 1--Entities Potentially Regulated by the 2026 PGP
------------------------------------------------------------------------
Examples of
Category NAICS potentially
affected entities
------------------------------------------------------------------------
Agricultural entities--General 111 Crop Producers of crops
agricultural interests, farmers/ Production. mainly for food
producers, forestry, and and fiber,
irrigation. including farms,
orchards, groves,
greenhouses, and
nurseries that
have irrigation
ditches requiring
pest control.
113110 Timber The operation of
Tract Operations. timber tracts for
the purpose of
selling standing
timber.
113210 Forest Growing trees for
Nurseries reforestation and/
Gathering of or gathering
Forest Products. forest products,
such as gums,
barks, balsam
needles,
rhizomes, fibers,
Spanish moss,
ginseng, and
truffles.
221310 Water Operating
Supply for irrigation
Irrigation. systems.
Pesticide parties (includes 325320 Pesticide Formulation and
pesticide manufacturers, other and Other preparation of
pesticide users/interests, and Agricultural agricultural pest
consultants). Chemical control
Manufacturing. chemicals.
Public health parties (includes 923120 Government
mosquito or other vector Administration of establishments
control districts and Public Health primarily engaged
commercial applicators that Programs. in the planning,
service these). administration,
and coordination
of public health
programs and
services,
including
environmental
health
activities.
Resource management parties 924110 Government
(includes State departments of Administration of establishments
fish and wildlife, State Air and Water primarily engaged
departments of pesticide Resource and in the
regulation, State environmental Solid Waste administration,
agencies, and universities). Management regulation, and
Programs. enforcement of
air and water
resource
programs; the
administration
and regulation of
water and air
pollution control
and prevention
programs; the
administration
and regulation of
flood control
programs; the
administration
and regulation of
drainage
development and
water resource
consumption
programs; and
coordination of
these activities
at
intergovernmental
levels.
[[Page 102135]]
924120 Government
Administration of establishments
Conservation primarily engaged
Programs. in the
administration,
regulation,
supervision and
control of land
use, including
recreational
areas;
conservation and
preservation of
natural
resources;
erosion control;
geological survey
program
administration;
weather
forecasting
program
administration;
and the
administration
and protection of
publicly and
privately owned
forest lands.
Government
establishments
responsible for
planning,
management,
regulation and
conservation of
game, fish, and
wildlife
populations,
including
wildlife
management areas
and field
stations; and
other
administrative
matters relating
to the protection
of fish, game,
and wildlife are
included in this
industry.
Utility parties (includes 221 Utilities..... Provide electric
utilities). power, natural
gas, steam
supply, water
supply, and
sewage removal
through a
permanent
infrastructure of
lines, mains, and
pipes.
------------------------------------------------------------------------
B. How can I get copies of this document and other related information?
Docket. EPA has established a docket for this action under Docket
ID No. [EPA-HQ-OW-2023-0268]. Although all documents in the docket are
listed in an index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal Holidays). For further information on the EPA
Docket Center services and the current status, see: https://www.epa.gov/dockets.
C. Geographic Coverage
The EPA provides permit coverage for classes of point source
discharges of pollutants that occur in areas where the EPA is the NPDES
permitting authority which includes Massachusetts, New Hampshire, New
Mexico, the District of Columbia, all U.S. territories except the U.S.
Virgin Islands, Federal facilities in Delaware, Vermont, Colorado, and
Washington, all Indian Country except in Maine, and where applicable,
Lands of Exclusive Federal Jurisdiction. The geographic coverage of the
2026 PGP is listed in Appendix C of the permit.
D. Who are the EPA regional contacts for this final permit?
For the list of EPA Regional contacts, visit the EPA's NPDES
website at https://www.epa.gov/npdes/contact-us-pesticide-permitting.
II. Background
Section 301(a) of the CWA provides that ``the discharge of any
pollutant by any person shall be unlawful'' unless the discharge is in
compliance with certain other sections of the Act. 33 U.S.C. 1311(a).
The CWA defines ``discharge of a pollutant'' as ``(A) any addition of
any pollutant to navigable waters from any point source and (B) any
addition of any pollutant to the waters of the contiguous zone or the
ocean from any point source other than a vessel or other floating
craft.'' 33 U.S.C. 1362(12). A ``point source'' is any ``discernible,
confined and discrete conveyance'' but does not include ``agricultural
stormwater discharges and return flows from irrigated agriculture.'' 33
U.S.C. 1362(14).
The term ``pollutant'' includes among other things ``garbage . . .
chemical wastes, biological materials . . . and industrial, municipal,
and agricultural waste discharged into water.'' 33 U.S.C. 1362(6).
A person may discharge a pollutant without violating the section
301 prohibition by obtaining authorization to discharge (referred to
herein as ``coverage'') under a section 402 NPDES permit (33 U.S.C.
1342). Under section 402(a), the EPA may ``issue a permit for the
discharge of any pollutant, or combination of pollutants,
notwithstanding section 1311(a)'' upon certain conditions required by
the Act.
The EPA issued the first Pesticide General Permit (``2011 PGP'') on
October 31, 2011, in response to the United States Sixth Circuit Court
of Appeals ruling vacating EPA's 2006 Final Rule on Aquatic Pesticides.
National Cotton Council of America. v. EPA, 553 F.3d 927 (6th Cir.
2009). The EPA developed the PGP to control point source discharges of
biological pesticides and chemical pesticides that leave a residue into
waters of the United States. In 2016 and 2021 respectively, The EPA
issued the second PGP (2016 PGP) and third PGP (2021 PGP). After the
EPA issued the 2021 PGP in September 2021, a petition for review of the
permit was filed in the U.S. Court of Appeals for the Ninth Circuit.
Center for Biological Diversity v. EPA and FWS, No. 21-71306 (9th Cir.)
The petition filed by the Center for Biological Diversity (CBD)
challenged EPA's permit issuance under the CWA, and the EPA and the
U.S. Fish and Wildlife Service (FWS) actions with respect to the permit
under the Endangered Species Act (ESA). After CBD filed the petition,
EPA, FWS, and CBD entered into settlement discussions. A settlement
agreement resulted from these discussions, which the parties entered
into on July 25, 2023 (Settlement Agreement). The Settlement Agreement
does not affect the provisions in the 2021 PGP, but several terms
concern what was to be proposed in the 2026 PGP. Information on the
Settlement Agreement is available in Docket ID EPA-HQ-OGC-2023-0247-
0002.
[[Page 102136]]
The EPA is issuing the 2026 PGP to replace the 2021 PGP which
expires on October 30, 2026. Like the previously issued PGP, the 2026
PGP provides coverage for certain point source discharges of pollutants
to waters of the United States in areas where the EPA is the NPDES
permitting authority. The EPA published the draft 2026 PGP and
accompanying Fact Sheet in the Federal Register on November 28, 2023
(88 FR 83120), soliciting comments on the draft permit. The EPA also
conducted consultation with Indian Tribal Governments. The EPA received
12 written comment letters on the draft permit. The EPA considered all
comments received during the comment period in preparing the final
permit. The EPA responded to all significant comments in the Response
to Comment Document which is available as part of the docket for this
permit.
III. Summary of the 2026 PGP
A. Summary of 2026 PGP Terms and Requirements
While the requirements of the 2026 PGP remain largely the same as
those in the previously issued PGPs, a summary of updates from the 2021
PGP and from the proposed 2026 PGP are outlined in the 2026 PGP Fact
Sheet. The 2026 PGP is structured in the same nine parts as the
previously issued PGPs: (1) Coverage under This Permit, (2) Technology-
Based Effluent Limitations, (3) Water Quality-Based Effluent
Limitations and Other Limitations, (4) Monitoring, (5) Pesticide
Discharge Management Plan, (6) Corrective Action, (7) Recordkeeping and
Annual Reporting, (8) EPA Contact Information and Mailing Addresses,
and (9) Permit Conditions Applicable Within Specific States (including
Territories) and Indian Country. Additionally, as with the previously
issued PGPs, the 2026 PGP includes nine appendices with additional
conditions and guidance for permittees: (A) Definitions, Abbreviations,
and Acronyms, (B) Standard Permit Conditions, (C) Areas Covered, (D)
Notice of Intent (NOI) form, (E) Notice of Termination (NOT) form, (F)
Pesticide Discharge Evaluation Worksheet (PDEW), (G) Annual Reporting
Template, (H) Adverse Incident Report Template, and (I) PGP Eligibility
Worksheet for Threatened and Endangered Species Protection. A summary
of the 2026 PGP's requirements is provided in the 2026 PGP Fact Sheet.
B. 2026 PGP Cost Analysis
The cost analysis accompanying this final permit monetizes and
quantifies certain incremental cost impacts of the final permit changes
as compared to the 2021 PGP. The EPA analyzed each change in the 2026
PGP considering the previous permit's requirements. The objective of
the cost analysis is to show where or to what extent the 2026 PGP
requirements impose an incremental increase in administrative and
compliance costs (such as sampling and monitoring costs) on Operators
in relation to costs that are already accounted for in the 2021 PGP. As
a majority of the changes in the final permit are to clarify
requirements in previously issued permits, the EPA expects minimal
incremental cost impact on entities that will be covered under the 2026
PGP. For further discussion, see Appendix D of the fact sheet.
IV. Executive Orders 12866 and 13563
The 2026 PGP is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
V. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. As part of the general permit
development process, the EPA reviews available information to evaluate
whether issuance of a permit could affect overburdened communities. The
EPA has determined that a more in-depth environmental justice analysis
is not feasible for this permit reissuance due to the limited amount of
and format of information the EPA currently has available. The
information supporting this Executive Order review is contained in
Appendix E of the fact sheet.
VI. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will neither impose substantial direct
compliance costs on federally recognized Tribal governments, nor
preempt Tribal law. The EPA directly implements the NPDES Program,
including the 2026 PGP, in Indian Country; therefore, consistent with
the EPA Policy on Consultation and Coordination with Indian Tribes, the
EPA consulted with Tribal officials early in the process to provide
Tribes an opportunity to have meaningful and timely input into the
renewal of the PGP. To gain an understanding of, and where appropriate,
to address Tribal implications of the draft 2026 PGP, the EPA conducted
the following activities:
August 22, 2023--the EPA emailed notification letters to
tribal leaders initiating consultation and coordination on the renewal
of the PGP. The initiation letter was also posted on EPA's Tribal
Consultation Opportunities Tracking System (TCOTS) at https://tcots.epa.gov/.
September 19 and 21, 2023--the EPA held two informational
webinars open to all tribal representatives and reserved the last part
of each webinar for official consultation comments. Eighteen Tribal
representatives participated in the webinars. No official comments were
received during the webinars. The presentation was posted on the Tribal
portal website at https://tcots.epa.gov.
The EPA received one comment from Tribes and Tribal organizations
during the consultation and coordination period. Records of the Tribal
informational webinars and a consultation summary are included in the
docket for this proposed action (Docket ID No. EPA-HQ-OW-2023-0268).
The EPA has considered the comment received in the proposal. The Agency
specifically solicited additional comment on this proposed permit
during the public comment period. The EPA also notes that as part of
the finalization of this permit, the Agency completed CWA section 401
certification procedures with all applicable authorized Tribes where
this permit will apply (see Part 9 and Appendix C of the PGP).
[[Page 102137]]
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
David Cash,
Regional Administrator, EPA Region 1.
Javier Laureano Perez,
Director, Water Division, EPA Region 2.
Carmen Guerrero Perez,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Michelle Price-Fay,
Director, Water Division, EPA Region 3.
Kathlene Butler,
Director, Water Division, EPA Region 4.
Tera Fong,
Director, Water Division, EPA Region 5.
Troy Hill,
Director, Water Division, EPA Region 6.
Jeffery Robichaud,
Director, Water Division, EPA Region 7.
Stephanie DeJong,
Manager, Clean Water Branch, EPA Region 8.
Tomas Torres,
Director, Water Division, EPA Region 9.
Mathew Martinson,
Director, Water Division, EPA Region 10.
[FR Doc. 2024-29657 Filed 12-16-24; 8:45 am]
BILLING CODE 6560-50-P
